From Our Bureau
NEW DELHI: The Supreme Court on Monday asked the Centre to enact a new bail Act to streamline the grant of bail.
A Bench comprising of Justice SK Kaul and Justice MM Sundresh issued certain important directions with regard to the grant of bail.
The bench clarified that the directions are for investigation agencies and also for the courts. The Court has directed all state governments and unions territories and high courts to file affidavits and status reports within a period of four months. The Registry has been directed to send a record of the judgement to the Government of India, the States and the UT’s.
Some of the directions issued by the top court are:
— Agencies and its officers are duty bound to comply with the mandate of section 41,41A of the code, directions of the Supreme Court in the Arnesh kumar case. Any dereliction on their part has to be brought to the notice of higher authorities of court followed by appropriate action. Courts will have to satisfy themselves on compliance of section 41, 41A of the Criminal Procedure Code, any non-compliance will entitle accused for grant of bail.
— Follow directions for the constitution of Special Courts, fill up vacancies: The State and central government will have to comply with Supreme Court directions with regard to constitution of special courts. The High Court in consultation with State government will have to undertake exercise for need of special courts. The vacancies in position of presiding officers of special courts will have to be filled up expeditiously.
— Appropriate action for release of prisoners who are unable to comply with bail conditions: The High courts are directed to undertake exercise of finding out undertrial prisoners, who are not able to comply with bail conditions. On doing so appropriate action will have to be taken to facilitate the release.
— An exercise will have to be done in similar manner, to comply with mandate of section 436A of the code both at District Judiciary level and the High Court, as earlier directed by this court.
Section 436A of CrPC provides for the maximum period for which an undertrial prisoner can be detained.
— Bail applications to be disposed of in 2 weeks, anticipatory bail applications in 6 weeks: Bail applications ought to be disposed of within a period of 2 weeks except when provisions mandate otherwise with exception of interim applications. Applications for anticipatory bail are expected to be disposed of within period of 6 weeks.
— All state and Union Territories are directed to facilitate standing orders on procedure to be followed under 41,41 A of the code while taking note of standing order passed by Delhi Police.
The Apex Court had last year also issued guidelines for grant of bail to accused who are not arrested during investigation on charge sheet being filed. The guidelines were issued after considering suggestions of Senior Advocate Sidharth Luthra and Additional Solicitor General SV Raju.